Ah! Thanks now that makes sense ... only winserver is opening the ports so of course it always has permission. Duh I should really have caught on to that by now. So the temporary solution is to remove devices from the registry(windows enumerates on the registry) as they are opened. If they are let go(closed), add them back. Perfect, thanks for the kick in the pants! That will work for sure. Even wine shouldn't enumerate a device that doesn't exist in the registry.
